European union as guardian of internet privacy : the story of Art 16 TFEU /

European union as guardian of internet privacy : the story of Art 16 TFEU /

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Bibliographic Details
Author / Creator:Hijmans, Hielke.
Imprint:Switzerland : Springer, 2016.
Description:1 online resource
Language:English
Series:Law, governance and technology series ; volume 31
Law, governance and technology series ; v. 31.
Subject:
Internet -- Law and legislation -- European Union countries.
Data protection -- Law and legislation -- European Union countries.
Privacy, Right of -- European Union countries.
Data protection -- Law and legislation.
Internet -- Law and legislation.
Privacy, Right of.
European Union countries.
Electronic books.
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12455271
Hidden Bibliographic Details
ISBN:9783319340906
3319340905
3319340891
9783319340890
Notes:Includes bibliographical references.
Summary:This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.
Other form:Print version: Hijmans, Hielke. European union as guardian of internet privacy. Switzerland : Springer, 2016 3319340891 9783319340890
Table of Contents:
  • Foreword; Preface; Contents; Abbreviations; Chapter 1: Introduction; 1.1 Trigger of This Book: A Perceived Loss of Control; 1.2 A First Outline of Article 16 TFEU; 1.2.1 The EU Mandate Under Article 16 TFEU to Ensure Privacy and Data Protection; 1.2.2 Legitimacy and Effectiveness as Prerequisites for Trust; 1.2.3 Background; 1.3 The Structure of This Book; 1.4 Methodology; 1.5 Further Limitations; 1.6 Terminology; References; Chapter 2: Privacy and Data Protection as Values of the EU That Matter, Also in the Information Society; 2.1 Introduction.
  • 2.2 Privacy and Data Protection as Part of an EU Based on Values: A General Design2.2.1 Privacy, Data Protection and the Ambitions of the EU in Promoting Its Values; 2.3 Privacy and Data Protection as Constitutional Values That Matter, Also on the Internet; 2.3.1 Two Elements Stand Out: There Are No Good or Bad People, and Monitoring Changes Behaviour; 2.4 Ambitions of the EU in Promoting Democracy: Democracy Requires a Free Internet, but Not an Unprotected Internet; 2.4.1 Democracy as Guiding Principle in Relation to the Internet; 2.4.2 A Free Internet Does Not Mean an Unprotected Internet.
  • 2.4.3 Democracy and the EU2.5 Ambitions of the EU in Promoting the Rule of Law: How to Ensure Effective Privacy and Data Protection on the Internet Under the Rule of Law; 2.5.1 Understanding the Concept of the Rule of Law; 2.5.2 The Rule of Law and Its Relation to Fundamental Rights; 2.5.3 Effective Legal Protection for Everyone; 2.5.4 The Rule of Law Has a Close Link with the Right to Data Protection; 2.6 Ambitions of the EU in Promoting Fundamental Rights: Understanding the Context of Privacy and Data Protection and the Internet Under EU Law.
  • 2.6.1 The Broad Applicability of Fundamental Rights: Application in All Situations2.6.2 Fundamental Rights Protection and the Internet; 2.7 Fundamental Rights Protection Against Private Parties Acquires a New Dimension on the Internet, Particularly for Privacy and Data Protection; 2.7.1 Four Arguments Supporting Direct Applicability in Horizontal Situations; 2.8 The Right to Privacy, a Broad and Dynamic Concept on the Internet Extending to the Public Sphere; 2.8.1 Historical Development of Privacy, Starting with Warren and Brandeis.
  • 2.8.2 Human Dignity and Personal Autonomy as Underlying Values and the Broad Scope of Privacy2.9 Understanding the Nature of the Right to Privacy Through Four Types of Qualified Interests: Information Use by Governments, Health, Vulnerable Groups and Reputation; 2.9.1 Four Types of Qualified Interests: Information Use by Governments, Health, Vulnerable Groups and Reputation; 2.9.2 Summing Up: All Use of Personal Information Falls Within the Scope of the Right to Privacy Under Article 7 Charter.

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